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(영문) 대전지방법원 홍성지원 2016.06.07 2016고단215

산림보호법위반

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall put the general public in danger by burning another's forest by negligence by burning it on or by negligence.

Nevertheless, around March 16, 2016, the Defendant: (a) committed a forest fire in a forest equal to the size of 13,927 square meters, which is owned by others, such as D, due to negligence that did not prevent others from spreading a fire into the surrounding forest, while carrying a string of the waste in the vicinity of a forest located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, and in the vicinity of eight lots, in order to dispose of the waste.

Accordingly, the Defendant was negligent in burning another person's forest.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a survey report on actual conditions, location map, on-site photographs, a report for calculating the amount of damage, and a certified copy

1. Relevant Article 53 of the Forestry Protection Act concerning facts constituting an offense and Article 53 (4) of the same Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (with regard to the wide area of damage, but considering the fact that the defendant is aged, led to confession and reflect, agreed with the victim, and